Terms and Conditions

1. INTRODUCTION

Welcome to FlySkyway.com (hereinafter referred to as “Website”), a service operated by Skyway Aviation Services, Inc. (hereinafter referred to as “Company”, “we”, or “us”). The following terms and conditions (hereinafter referred to as “Terms”) govern your access to and use of the Website, including any content, functionality, and services offered on or through the Website, whether as a guest or a registered user.

1. ACCEPTANCE OF TERMS

By using the Website, you agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Website.

1. CHANGES TO TERMS

We may revise and update these Terms from time to time at our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms means that you accept and agree to the changes.

2. USE OF WEBSITE

The Website is for your personal and non-commercial use. You may not use the Website or its content:

(a) for any illegal purpose;

(b) to solicit others to perform or participate in any illegal acts;

(c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances;

(d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;

(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;

(f) to submit false or misleading information;

(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website or of any related website, other websites, or the Internet;

(h) to collect or track the personal information of others;

(i) to spam, phish, pharm, pretext, spider, crawl, or scrape;

(j) for any obscene or immoral purpose; or

(k) to interfere with or circumvent the security features of the Website or any related website, other websites, or the Internet.

 

3. USER CONTRIBUTIONS

The Website may contain user-generated content, including but not limited to comments, opinions, reviews, and other contributions. Your contributions must be your own original work and must not infringe upon the intellectual property rights of others.

You grant the Company a non-exclusive, perpetual, irrevocable, transferable, royalty-free, fully-paid, worldwide license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from, sell, distribute, sublicense, and otherwise exploit such contributions in any form, media, or technology, whether now known or hereafter devised, for any purpose, including commercial use.

You represent and warrant that: (a) you either are the sole and exclusive owner of all contributions or have all rights, licenses, consents, releases, and permissions necessary to grant the rights granted herein; and (b) your contributions do not violate these Terms and will not cause injury to any person or entity.

You further agree to indemnify, defend, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of your use of the Website, your violation of these Terms, or your violation of any rights of another.

4. INTELLECTUAL PROPERTY

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms permit you to use the Website for your personal, non-commercial use only. You hereby acknowledge that any unauthorized use may violate such laws and the Terms.

Except as expressly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise.

Prior written consent from Skyway Aviation is required for the use of our trademarks and trade dress in connection with any product or service. Unauthorized use is strictly prohibited.

5. DISCLAIMERS

The Website is provided on an “as is” and “as available” basis. The Company makes no representations or warranties of any kind, express or implied, as to the operation of the Website or the information, content, materials, or products included on the Website. You expressly agree that your use of the Website is at your sole risk.

To the full extent permissible by applicable law, the Company disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. The Company does not warrant that the Website, its servers, or e-mail sent from the Company are free of viruses or other harmful components. The Company will not be liable for any damages of any kind arising from the use of the Website, including, but not limited to, direct, indirect, incidental, punitive, and consequential damages.

6. LIMITATION OF LIABILITY

In no event will the Company, its affiliates, licensors, service providers, employees, agents, officers, directors, or contractors be liable for any damages, including without limitation, direct or indirect, special, incidental, or consequential damages, losses, or expenses arising in connection with the Website or your use thereof or inability to use by any party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus, or line or system failure, even if the Company, its affiliates, licensors, service providers, employees, agents, officers, directors, or contractors are advised of the possibility of such damages, losses, or expenses.

7. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless the Company, its affiliates, licensors, service providers, and its respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of your violation of these Terms or your use of the Website.

8. GOVERNING LAW

These Terms and your use of the Website are governed under Florida state law.

9. DISPUTE RESOLUTION

Any dispute arising out of or in connection with these Terms or the Website shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted in Hillsborough County, Florida.

10. TERMINATION

The Company reserves the right to terminate your access to the Website, without notice and at any time, for any reason, including without limitation, if the Company determines that you have violated these Terms.

11. MISCELLANEOUS

These Terms constitute the entire agreement between you and the Company with respect to the use of the Website. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

The failure of the Company to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.

In the event of any conflict between these Terms and any contract you have with the Company, the terms of that contract shall control.

These Terms do not create any agency, partnership, joint venture, or employment relationship, and you may not make any representation on our behalf.

12. CHANGES TO TERMS

The Company reserves the right, at its sole discretion, to modify or replace these Terms at any time. If a revision is material, the Company will provide at least 30 days’ notice before any new terms take effect. What constitutes a material change will be determined at the Company’s sole discretion.

By continuing to access or use the Website after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Website.

These Terms were last updated on 12 March 2023.

CONTACT INFORMATION

If you have any questions about these Terms, please contact us by phone at (727) 605-5000 or by email at charters@flyskyway.com.